The Division Bench dismissed the Limitation Commission Appliance Case and subsequent appeal filed by the Oriental Insurance Company due to an uncondonable delay of 657 days in filing the appeal, rejecting the explanation of misplaced papers.
Statutory deposit and accrued interest to be refunded to the appellant on proper application.
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IN THE HIGH COURT OF ORISSA AT CUTTACK MACA No.1013 of 2007
Divisional Manager, Oriental Insurance Company Ltd.
…. Appellant Mr. S.K. Swain, Advocate
-versus-
…. Smt. Siba Priya Samant and Others Respondents Mr. S.K. Ghose, counsel for Respondent No.2 Mr. A.S. Nandy, counsel for Respondents 5, 6, 7 & 8
CORAM:
SHRI JUSTICE B. P. ROUTRAY
ORDER
9.3.2023
Order No.
Misc. Case No.1868 of 2007 & MACA No.1013 of 2007
M.K.Panda
( B.P. Routray)
Judge
Page 2 of 2
3 issues framed by the court
Whether the delay of 657 days in filing the appeal can be condoned.
Whether the explanation for delay regarding misplaced papers is satisfactory.
Whether the appeal should be allowed or dismissed due to limitation.
Divisional Manager, Oriental Insurance Company Ltd.
Smt. Siba Priya Samant
New India Assurance Co. Ltd.
B. P. Routray
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
